1, Rebeka Ahmad Kizee2 , Bushra Farooq3 final.pdfAsma Mehboob1, Rebeka Ahmad Kizee2 , Bushra Farooq3 1Zhongnan University of Economics & Law, Wuhan, China 2Zhongnan University of

North American Academic Research , Volume 2, Issue 11; November 2019; 2(11) 344-358 ©TWASP, USA 344

North American Academic Research

Journal homepage: http://twasp.info/journal/home

Research

An Overview of Environmental Protection and Sustainable Development under :

International Economic Law

Asma Mehboob1*, Rebeka Ahmad Kizee2 , Bushra Farooq3

1Zhongnan University of Economics & Law, Wuhan, China

2Zhongnan University of Economics & Law, Wuhan, China

3Wuhan University, Wuhan, China

*Corresponding author

Accepted: 20 November, 2019; Online: 30 November, 2019

DOI : https://doi.org/10.5281/zenodo.3562475

INTRODUCTION

Pollution is defined as "the degree of contamination of the physical and biological

components of the land, ecosystem while the general ecological processes are badly

affected."

Abstract: This paper examines an overview of environmental protection and sustainable

development worldwide under the umbrella of international economic law. In this paper we have

addressed the environmental pollution growth along with the development of environmental

protection laws for the last few years. It is clear that environmental protection and sustainable

development ‘has developed into too flexible theory to serve its essential purpose under the

International Economic law. The paper analysis the theory of sustainable development that has

determined the society to recognize and develop into responsive of the significance of ecological

factors as well as of the function and services that the environment offers. Accordingly, it needs to

be replaced with a basic title for the environmental movement. In this paper, we want to prove that

sustainable development, Environmental protection must be considered in the determination of the

line of action of International Economics law process. Specifically, the article will discuss various

sources of implementation. Now it’s the time that international community seriously think and

reconsider their approach regarding environmental protection law under the international

economic law, with today pressing global warming and environmental issues which is facing and

great concern for all over the world.

Keywords: Sustainable Development, Environment protection, Pollution, Economics law.

http://twasp.info/journal/home

https://doi.org/10.5281/zenodo.3562475


The pollutant material is the substance or condition which contaminates air, water or soil;

naturally happening substance or energy, but they are measured contaminated when higher

than the natural level. The use of any rate of natural resources is more than the capacity of

nature, which can pollute air, water and pollution to restore itself. "for example; As a result

of rapid environmental consequences of carbon monoxide gas from automotive exhaust or

sulfur dioxide emanate from factories, household products and chemicals, building materials

etc., as a result of the rapid environmental impact of air, water and land resources, many

incidents are being impure by toxic substances. And further pollutant, in which human health

and ecosystem with severe health risk is obtained. Further comprehensive and exhaustive use

of resources and energy has formed a cumulative force on the quality of local, regional and

global ecosystems. Before a concerted effort was made to prevent the effect of pollution,

environmental management could move slightly beyond the lines-fair tolerance in nature due

to disposal of waste to avoid the disruptive local nuisance imagined in a short-term

perspective. In the form of an exception, damage was identified, in cases where damage was

determined to be unacceptable. As the speed of industrial activity accelerated and the

understanding of cumulative effects increased, a pollution control pattern became a major

perspective for environmental management.

Nations contain normally resisted international agreement, which are usually perceptible to

shrink national sovereignty. Sovereignty means that every nation has associated duty not to

intervene in the areas of exclusive jurisdiction of further nations. This theory of territorial

autonomy does not co exist contentedly with an ecological order that consists of a biosphere

of mutually dependent ecosystem, which do not be conventional to the synthetic protective

territories between nations. Because of intimidation to autonomy, nations have resisted

supportive to limit utilization of natural resources within their boundaries.

REVIEW OF LITERATURE

Environmental protection problems are a challenge without a single policy, but the

combination of existing opportunities and increasing efficiency in all socio-economic areas

of the countries will help solve the problem of resources and distribution. Environmental

protection is currently a key area for international cooperation and regulations with a global

or cross-border dimension. The persistence, purpose and provisional nature of environmental

problems require global preventive action. (Lucretia Dogaru, 2013).


According to (Fuentes, X,2002) with the principles and concepts of international

environmental law Progress in this field may have contributed to the tendency to leave

conditional Ideas that are expanding and applying to a growing number of responsibilities

Taken by states in the field of environmental protection. It is argued that environmental there

has been a degree of protectionism at the expense of international economic law to make

progress.

(Bennie and Boyle 1992) stated that prioritize Emerging issues and resist the international

enforcement of environmental controls. As a outcome, less developed states have become

parties to the binding of boundaries on ecological issues. Except Emerging countries help

the world developing economically or all the way through technology transfer, Emerging

countries are unlikely to be on the path to sustainable development.

As easy and efficient as economic incentive for ecological behavior is, there are a number of

composite problems. For example, when there is improbability about it Benefits or control

costs, taxes and trade licenses are no longer equal. Which one method is more efficient,

which depends on the cost and cost of the benefits? (Weitzman, 1974).

(Futrell, 1994) stated that the organization of national and international ecological law is

often contradictory and gradually in a way that allow most important environmental insults

to go unrestricted by the law. For example, the U.S has laws on endanger species but not on

bio diversity, and laws concerning to mineral extraction hold subsidies that often conflict

with the goals of ecological law.

We lost the way of international protection of our environment the joint global because we

have allowed our words to change to something else. We must change our words to insist

once again on more effective legal restrictions to preserve "this dying planet" (Falk, 1971).

The RIO in 1992 Declaration at international level affirms the will of the international

community to execute and favor the fortification and strong growth of a global environmental

and tough economy. in the same way, in, 1986 the commission Report of Bruntdland

underline the significance that ecological safety has, following strong development.

(Brundtland,1987).

Sustainable development and organization need the affiliation of all the nations of the globe,

the only competent of ensuring a broad and well-organized economy. The protection and

sustainable development of forests characterize a conception that has gained numerous


valences in recent years, because of the significance given to the forest by the participant in

the collective development (Liagre, 1997).

The theory of sustainable development has made the social order conscientious and, in the

identical time, be acquainted with, the role and significance of ecological factors as well as

of the function and services the environment provides (Bortelmus, 1986).

HISTORICAL DEVELOPMENT;

During the past, state governments have agreed irregular law to cover human health

through ecological pollution. In about 80 AD, the governing body of Rome approved the law

toward security the city's drinking and bathing without water. Within the fourteenth-14th

century, European countries restricted dumping of Waste in waterway. In 1681, Queen Penn

of Pennsylvania's British colonel, William Penn, structured that one acre forest cleared for

settlement should be conserved in each five acres, and in the next century, Benjamin Franklin

used to cover a variety of piles of garbage used the campaigns. During middle of the

industrialized revolution 19th century, the British government approved the rules for

reducing the environmental impact of coal burning and chemical formation. There were some

international environmental agreements before the 20th century. Combined waterways

mainly did not pay attention to border water, routing and fish rights and pollution and extra

environmental issue. At the beginning of the 20th century, the conference was organized to

protect commercially valuable species, which was involved in bird protection convention for

12 signed by European Governors (1902). Convention (11/11) for the protection of

protection and protection completed the United States, Japan, Russia and Britain. And the

protection of Edge Birds (1916), the U.S and the U.K (from Canada) reached Mexico and

later in 1936.

In 1930, in, Egypt, Belgium South Africa, Italy, Portugal, Sudan and the UK agree to

consultation relief to protect fonts in their natural status, which protected natural creatures

and plants in Africa through countrywide parks and stores. France and Spain have signed,

but has never confirmed it, and Tanzania officially agreed to it in 1962. In 1939, the India

Accord was accused, in the documentation of the parts in which "trophy" was prohibited for

any animal is described in the contract. At the beginning of the 1960s, the ecosystem in the

West became significant political and academic group. Investigators in the America revised

a wide range of real and potential environmental risks of a passionate test of the Royal Corps


of Silence Spring (1962), Clorand Hydrocarbon's insecticide and their use of environmental

damage due to their use. Went away Later in the decade, the US government passed several

environmental laws, including waste, water and air smog and addressed the safeguard of risk

group and made an ecological protection organization to detect their observance. This new

environmental laws have significantly improved the role of state government in the region

left for state and local regulatory. After World War II, with increasing rapid industrialization

in Japan, in some areas with exposure to industrial chemicals in human food chains. For

instance, in the city of Mandita, after eating industrial waste fish, a large number of mercury

was affected by toxic. At the beginning of the 1960s, the Japanese government started

considering the comprehensive organizesstrategy,in1967;Japanmadetheglobally

comprehensive law for controlling environmental pollution. Manataata Para was not released

until the end of the 20th century. In the fourth four countries adopted the international

importance of the agreement in 1971, especially in the form of Water Flat Habitats, which

was usually identified as the Rammer conference of Iran, which is signed. There are about

100 parties in the 1975 agreement. It was necessary that all countries should nominate

minimum one secure prison land area, and it recognized the major role in maintaining

environmental balance. After the UN Conference on the Human Environment held in

Stockholm in 1972, the United Nations established the UN Environment Program (UNEP)

as the world's largest international environmental organization. Although UNEP oversees

several modern day agreements, there is no power to ban or enforce non-parties.

Nevertheless, a series of important conferences was created directly, including the dumping

off garbage or other substances (1972) and International Conference on International Trade

and Risk International Trade (Wildlife) (1973) Maintenance Restoration Agreement Prior to

the Stockholm Conference, the European countries were generally slow to implement the

legal standards for environmental protection - although the exceptions there existed in the

year 1968, the safety of England's rural areas was approved. In October 1972, after some

months of the UN convention, European Community announced that the aim of economic

expansion would be to maintain environmental balance. The European branch's executive

branch developed the first year of its primary environmental program, and then the European

countries were at the top of the environmental policy. For example, in Germany, at the

beginning of the early 1980s public protection of environmental safeguard dramatically


changed when it came to know that many German forests were destroyed by its rains. The

Green Party, founded in 1980, was first represented in Benedict (National Parliament) in 1983

and later campaigned for tough environmental regulations. By the end of the 20th century,

the party joined the alliance government and was answerable for the development and

implementation of Germany's wide ecological policies. A group, Germany, Denmark and

Holland - as a famous "Green Troika" recognized itself as an important geography in the

environmental law.

During the 1980s, the "Trans-Border Effect" of environmental pollution in many countries

was discussed on many international environmental conferences. The effect of 1986 accident

in the nuclear power plant was particularly important in Ukraine, after Chernobyl (after

Soviet Union). At the bottom of pollution, steps were taken to restrict consumption of milk,

milk, meat and Vegetable to the European countries. In Austria, radiation marks were found

in cow milk with cow milk. As a direct result of Chernelberg's disaster, two international

agreements - both early initialing and containment of nuclear accident were held in 1986 with

an emergency accident or radiological emergency. Draft was created in case of a nuclear

accident. In the next decade, a conference in Atomic Security (1994) has encouraged

countries to adopt basic standards for safe operation on nuclear security plants.

Often there are several statistical data about the environmental impact of human activities,

and scientific uncertainty often complicates the construction and implementation of

environmental laws and regulations, especially to promote global standards for international

conventions. In the attempt consequently, such rules and regulations are generally quite

flexible to adjust scientific understanding and technical capabilities. For example, for the

protection of Ozone Layer (1985), Vienna Convention did not take necessary measures to

avoid the effects of ozone deficiency, it was not necessary to sign human health and

environmental identification, nor To mention it The things that they thought of harming the

Ozone layer were thinking. Similarly, Climate Change Framework Convention, or Global

Warming Convention, in 1992, Rio de Janeiro (who is popularly known as "Earth's

direction") in Rio De Janeiro, jointly organized 178 countries. Was it for The "Green House"

caused global warming to reduce gas emissions?

In 1995, the international government on climate change is set up by the Global Climate

Organization and UNEP to study the temperature changes in the earth, concludes that


"evidence is equal to the human impact on the global scale." The evidence of the global

warming incident, the report was wrong to rely on the insufficient data by some critics, to

eliminate the environmental impact of global warming and use the unrealistic model of

environmental change. Two years later, Kyoto, in Japan, a conference sign for the Climate

Change Framework Convention adopted Kyoto Protocol which was bound to the expense of

developed countries. The protocol engages in expanding trading to developing countries to

meet their expense goals. Its market mechanism involves the sale of "Exit Committee units",

which is earned when the developed country has failed to get its expenses to reduce the cost-

effective costs. In developing countries, developing countries can get extra reduction units

of energy efficiently (for example, clear development machinery). Since its authority,

Protocol faced strong opposition from some countries, especially the United States, which

was being confirmed.

ENVIRONMENTAL LAW

International environmental law responds sensitively to these two, possibly

opposing trends, such as the need for globalization on the one hand, and the needs of

developing states on the other. Environmental law is that the assortment of laws, rules,

agreements and customary law that governs however humans act with their atmosphere. The

aim of environmental law is to guard the environment and make rules for the way individuals

will use natural resources. Environmental laws not solely aim to safeguard the atmosphere

from damage, however they conjointly confirm World Health Organization will use natural

resources and on what terms. Laws could regulate pollution, the employment of natural

resources, forest protection, mineral harvest and animal and fish populations. The principles,

policies, instructions and regulations are applied and implemented by local, national or

international institutions so that human treatment of the non-human world can be regulated.

The vast area encompasses a wide range of issues in diverse legal environments, such as the

state law for the return of bottles in the United States, regulatory standards for emissions

from coal-fired power plants in Germany, to create a "great wall" green "in China initiative

a refuge to protect Beijing from the sand storm and international treaties for the protection

of biological diversity and the ozone sphere. During the second half of the 20th century, the

environmental law, developed from a modest range of public health regulations, protects

both human health and inhuman nature in a universally recognized independent region.


Most environmental laws fall into a general category of command and control"; these laws

generally include three elements: (1) identify a type of activity harmful to the environment,

(2) apply specific conditions or standards to that activity, and (3) prohibit forms of activity

that do not meet the conditions or standards imposed. . The Federal Water Pollution Control

Act of the United States (1972), for example, "discharges" oft"pollutants" governs the

“navigable water of the United States." The three words are defined in the law and in the

rules of the agency and identify the type as a whole. The activity harmful to the environment

is subject to regulation. In 1983, Germany approved a National Emission Controlled, in

which the specific air emission thresholds were determined environmental laws prohibit

regulated activities that do not meet the conditions or standards Mentioned above. Many

people "deliberately" violate such norms.

The most obvious forms of regulated activity include the actual discharge of pollutants into

the environment (e.g. air, water and groundwater contamination). However, environmental

laws also control activities that create a significant risk of discharging harmful pollutants

(e.g. transport of hazardous waste, sale of insecticides and logging). For actual discharge,

environmental laws gen really determine specific limitations of acceptable contamination;

For those activities that create the risk of discharge, the environmental law generally

establishes management practices to reduce that risk.

The rules obligatory on the original substances usually approach in two types: (1) ecological

or environmental standards, which treat highest regulation of pollution and (2) Extension, or

exterior, quality, which controls the amount of pollution or disorders in any "source"

environment. The most widespread environmental laws apply to equally environmental

standards and exit values and try to manage their use of environmentally-friendly goals. The

purpose of the environment can be numeric or narrative. Judgmental goals define a certain

illness (for example, carbon monoxide of every micro meter per micro meter per eight hours).

Statistical standards require that the water or air body is suitable for any particular use (for

example, swimming). Methods for risk management activities are diverse and tourism

specific. The United States Resources and Maintenance Act (1991), for instance, requires a

depression pad contained in which hazardous waste is stored or stored, and the United States

Petroleum Pollution Act (1990) is called All oil tankers can be two- way in operating US

water at a certain size adage.


Another type of activity organized by the command of command and control is harmful

business for the environment. The most developed rules are in the Wildlife business. For

example, in World Life and Flora (CITES, 1973), which control international trade, for

example, allows a conference for risk species, which may be affected by business. They are:

Once a plant or animal species. It is dangerous to describe, the country is generally bound to

limit restrictions on import or export of such nature, except for specific limited

circumstances. In 1989, his involvement in the list of African elephants' preserved species

effectively influenced trade in African elephants effectively, which was later banned by

Kenya and ECC. At this time, the United States banned the trade in African elephants under

an Act of Federal Elephant (1978), African elephants were involved in the list of dangerous

species. Despite these initiatives, some countries did not ban the Import of diamonds (i.e.

Japan) or refused to limit exports of orange (such as Botswana, Namibia, South Africa and

Zimbabwe), and of deep complaints and smugglers had to face Risk.

ENVIRONMENTAL EVALUATION MANDATES

Environmental evaluation management is another important source of environmental

law. Such orders typically do three things: (1) Identification or capacity of possible

environmental impact, which reflects a reflection for consideration of reflective, (2)

determining specific goals and (3) requirements for evaluation with the evaluation process

proceeding as a real action or the decision to increase the future process will be considered.

Contrary to command and control rules, this can limit the environment directly to the

discharge.

Let’s take the example of United States National Environmental Policy Act (1969) requires

"the preparation of an environmental declaration that affects a large federal action of the

environmental environment." In this statement, the environmental impact of the proposed

action should be analyzed and considered as a series. The 1969 Constitutional Environmental

aspects were set up under the Act to "nominate" the nominated "wait" for the environmental

standards, the council's environmental standards, regulations and regulations for federal

agencies to wait for. It was needed Preferred options will be preferred before proceeding.

Similarly, the European Union (EU) needs two types of projects to assess the environmental

impact assessment. Incomplete "projects in attachment" (for example, thermal power plants,

oil refineries and 300 megawatts of heat tobacco), it is generally needed, and "connected

https://www.britannica.com/topic/environmental-assessment-mandate


projects II" diagnosis chemical industry. The environmental impact of activities such as food,

textile, leather, wood and paper, where only "member countries believe their needs are

needed." Evaluation should be made directly and indirectly; landscape and conversation

among plants, soil, water, air, environment and them.

ECONOMIC INCENTIVES;

Using financial resources to encourage environmental safety is a popular form of

ecological law. Such promotions contain tax on pollution, subsidy and clean methods for

technology, and creation of markets for environmental protection or pollution. For example,

Denmark, Netherlands and Sweden apply tax on the cost of carbon dioxide, and the EU has

decided whether these taxes should be applied to reset new changes. Pollution legislation

passed in the United States of America, in 1972, provided subsidy to local government to

improve waste visibly. In 1980, the new government, created by the National Government,

affected by national pollution, caused by industrialized pollution in the New Canal Falls in

New York, , has formed the Federal "Space", which uses general income and petroleum raw

materials, raw oil tax was done and pollution with common corporate income dangerous

substance to clean more than 1,000 sites. Since, in the 1990s, "Traditional subsidy projects"

have been implemented in the United States, companies have been allowed to produce

specific pollution rates for pollution or to produce and sell legal rights. In 1990 Clean Air

Act, the most complete and complex, fossil fuel was designed to reduce total sulfur dioxide

emissions of electric plants. According to supporters, the program will provide monetary

rewards to the cleaner vegetation, which can put up for sale unnecessary loans in the

marketplace and allow dirty plants to live in business, while they become cleaner technology.

(Weitzman, 1974) stated that as simple and effective as economic incentives for

environmental treatment are, there it is There are a number of complex problems. For

example, when there is uncertainty about it Benefits or control costs, taxes and trade licenses

are no longer equal. Which one method is more efficient, and depends on the cost and cost

of the benefits.

These problems contains the opportunity that other non-economic objectives are important

(such as equity and organizational simplicity), political limitations, high monitoring costs

and other technological restrictions (Hahn and Stavins, 1992).


ENVIRONMENTAL COMPLIANCE AND SUSTAINABLE DEVELOPMENT;

Compliance is the biggest challenge for the effectiveness of environmental treaties.

However, they may try to implement compliance through mechanisms in the form of a treaty;

such measures generally have limited utility, since countries that comply with the treaty are

reluctant to implement the restrictions required for the treaty. Or it can be incapable. In

general, the threat of sanctions is less important than most prospects for most countries in

violating their international obligations and at the risk of having a significant loss in the

international community. It is difficult to establish application mechanisms that are not

restrictions, generally because they have to understand the important aspects of their national

sovereignty for foreign or international organizations of the countries. Therefore, in most

agreements, the application of the law is considered as an internal problem, an approach that

efficiently allow each state to define compliance, in the way that best serves its national

interests. Despite this difficulty, the importance of international environmental treaties and

agreements is likely to increase as international environmental problems become more

intense.

Many areas of international ecological law are not fully formed. While international

agreements have helped to make laws or regulations to implement some types of activities

dangerous to the environment in a more or less consistent manner in different countries, but

may vary in the therapeutic methods applicable for such other activities. Because in most

cases, damage due to activities harmful to the environment cannot be included within

national borders, because due to the lack of continuity in the law, such situations have arisen,

in which some countries have legal activities. As a result, there is a reason invalid or

unacceptable level of environmental damage in neighboring countries.

In 1990,With the implementation of free trade agreements, this problem was particularly

tough. For example, North America's Free Trade Agreement (NAFTA), which resulted in a

massive ownership of McDurassas, the factories of the United States and Mexican

corporations and worked in Mexico, with 60 US Mail (100km) Mexico. The internal border

because the Mexican government is not due to lack of resources and political intent for lack

of the country's environmental laws, rural people can be able to use dangerous area danger,

often the most dangerous waste on the ground or directly in the canal. Drowning it was sent

to the U.S. that he took it to the area. Prior to the adoption of the NAFTA in 1992, it is likely


to connect with the nominated "Party Agreement" of the Leader Talks, which promises

environmental cooperation between the signed states. Meanwhile, there was opposition on

the clear agreement between Europe, the open trade agreement and environmental

destruction, which created the EU and extended its jurisdictions.

CONCLUSION

The paper reviewed the history and development of environmental laws with respect to

economic growth and then sustainable development. Economic law and policies are not responsive

and in most cases it is inappropriate to address domestic environmental issues. However, when

dealing with cross-border environmental issues, it plays a role in promoting international

cooperation and to punish non-compliance of agreement done by parties. For a generation,

governments around the world have pledged sustainable development in the form of local

programs and projects. Despite these efforts, decades of scientific observation suggest that the

world is not close to environmental sustainability and, in many cases; the situation is only getting

worse. Environmental protection concern has been increased globally in the recent decades. Issues

such as climate change, ozone depletion, and the elimination of biological diversity are the result

of international awareness of the problems facing the planet. Further, it is also recognized that if

effective solutions are to be found for these problems, the states will need to work together more

internationally. However, it is also acknowledged that many states suppress their own social and

economic concerns, and that they have neither the resources nor the capabilities with which to deal

with such global issues. International trade negotiations under World Trade Organization will

devote substantial attention to protectionism and trade effects associated with environmental

regulations.

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About the Authors:

Asma Mehboob,

Ph.D Scholar (International Law Zhongnan

University of Economics & LawWuhan, China.

[email protected]

Rebeka Ahmad Kizee,

Ph.D Scholar (International Law), Zhongnan University

of Economics & Law, Wuhan, China.

[email protected]




Bushara Farooq,

Ph.D Scholar (International LawWuhan University , Wuhan,

China. [email protected]

© 2019 by the authors. TWASP, NY, USA. Author/authors are

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article is an open access article distributed under the terms and

conditions of the Creative Commons Attribution (CC BY)

license (http://creativecommons.org/licenses/by/4.0/)


http://creativecommons.org/licenses/by/4.0/

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1*, Rebeka Ahmad Kizee2 , Bushra Farooq3 final.pdfAsma Mehboob1*, Rebeka Ahmad Kizee2 , Bushra Farooq3 1Zhongnan University of Economics & Law, Wuhan, China 2Zhongnan University of

1, Rebeka Ahmad Kizee2 , Bushra Farooq3 final.pdfAsma Mehboob1, Rebeka Ahmad Kizee2 , Bushra Farooq3 1Zhongnan University of Economics & Law, Wuhan, China 2Zhongnan University of